There is no legal obligation to announce a pregnancy. However, once the employer has been informed, they are obliged to take pregnancy into consideration and to protect the employee's health. The earlier a pregnancy is announced, the better the chances of preventing any potential risk by taking appropriate measures.
Pregnant women who have reached the end of their probation period are protected against dismissal during the whole pregnancy, whether or not they have announced it, and for 16 weeks following the birth (notably art. 3.1 GEA and art. 336c.1 CO). Employers cannot end permanent work contracts during pregnancy. This applies independently of the reason for dismissal (except in case of dismissal with immediate effect).
It is important to note that the protection of a pregnant woman only applies for the duration of her contract. Fixed-term contracts end on their specified end date, even if the employee is pregnant.
Swiss law provides for specific protection of pregnancy and maternity in the workplace (art. 35–35b EmpA and art. 62–65 EmpO 1). Employers must ensure that women who are pregnant or breastfeeding are assigned activities that entail no risk for their and the child's health and adjust working conditions accordingly (art. 35.1 EmpA).
Pregnant and breastfeeding women must be able to lie down and rest in appropriate conditions (art. 34 EmpO 3).
The Gender Equality Act (GEA) forbids any direct or indirect discrimination because of sex, pregnancy (current, future or past), marital status or family circumstances.
This prohibition is not only valid during employment, but also at the time of hiring and dismissal. It therefore applies to all aspects of the professional relationship including attribution of tasks, setting of working conditions, pay, basic and advanced training and promotion.
